Oliver v. EHM Productions, Inc.

Background

Defendants moved to declare Anthony Oliver a vexatious litigant. The court stated that Oliver had filed at least 30 lawsuits in federal court and more than 40 cases in California state court before the California state courts declared him a vexatious litigant. Oliver had also previously been declared a vexatious litigant by the U.S. District Court for the Central District of California. Two of his earlier federal lawsuits were against EHM and included factual allegations similar to those in this case. The court stated that almost all of Oliver’s federal suits had been dismissed by the court or ended voluntarily.

Legal standard

Under the All Writs Act, 28 U.S.C. § 1651(a), district courts may restrict litigants with abusive and lengthy filing histories. Before entering a pre-filing order, the court must determine whether the litigant received notice and an opportunity to be heard, whether there is an adequate record for review, and whether the order is narrowly tailored to address the specific problem. The court must also make substantive findings that the litigant’s actions were frivolous or harassing.

Court’s analysis

The court found that Oliver received notice and an opportunity to respond because defendants filed their motion on June 29, 2023, and Oliver filed an opposition on July 1, 2023. The court also found an adequate record based on Oliver’s filing history.

The court concluded that the proposed restriction was narrowly tailored. It applies to Oliver’s future complaints filed without a lawyer in the Northern District of California, regardless of the statute or factual circumstances involved. The court found that Oliver’s current lawsuit was frivolous because its false-advertising and deceptive-practices allegations against multiple media companies did not include facts that could plausibly be understood as false or deceptive. The court also found that the complaint repeated similar allegations from two of Oliver’s earlier lawsuits, supporting a finding of harassing behavior.

Disposition

The court granted the motion to declare Oliver a vexatious litigant. Before filing any additional lawsuit without a lawyer in the Northern District of California, Oliver must obtain leave of court. To seek approval, he must submit a copy of the proposed complaint, a letter requesting that it be filed, and a copy of the order. Only after approval by the general duty judge may the action proceed. The court also granted the motion for judicial notice because the submitted documents were state- or federal-court filings and part of the public record.